NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1058

SENATE BILL 428

 

 

AN ACT RELATING TO COMMUNITY APPEARANCE COMMISSIONS, THE LITTERING OF STATE-OWNED LANDS AND HIGHWAYS, AND THE DISPOSAL OF JUNK VEHICLES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  General Statutes Chapter 160 is hereby amended by inserting therein a new Article, to be numbered Article 14B, and to read as follows:

"Article 14B.

"Community Appearance Commissions.

Section 1.  "§ 160-181.11.  Membership and appointment of Commission. — Each municipality and county in the State may create a special commission, to be known as the official Appearance Commission for the city or county. The Commission shall consist of not less than seven nor more than fifteen members, to be appointed by the governing body of the municipality or county for such terms, not to exceed four years, as the governing body may by ordinance provide. All members shall be residents of the municipality's or county's area of planning and zoning jurisdiction at the time of appointment. Where possible, appointments shall be made in such a manner as to maintain on the Commission at all times a majority of members who have had special training or experience in a design field, such as architecture, landscape design, horticulture, city planning, or a closely related field. Members of the Commission may be reimbursed for actual expenses incidental to the performance of their duties within the limits of any funds available to the Commission, but shall serve without pay unless otherwise provided in the ordinance establishing the Commission. Membership of the Commission is declared to be an office that may be held concurrently with any other elective or appointive office pursuant to Article VI, Section 9, of the Constitution.

"§ 160-181.12.  Powers and duties of Commission. — The Commission, upon its appointment, shall make careful study of the visual problems and needs of the municipality or county within its area of zoning jurisdiction, and shall make any plans and carry out any programs that will, in accordance with the powers herein granted, enhance and improve the visual quality and aesthetic characteristics of the municipality or county. To this end, the governing board may confer upon the Appearance Commission the following powers and duties:

(a)        To initiate, promote and assist in the implementation of programs of general community beautification in the municipality or county;

(b)        To seek to coordinate the activities of individuals, agencies and organizations, public and private, whose plans, activities and programs bear upon the appearance of the municipality or county;

(c)        To provide leadership and guidance in matters of area or community design and appearance to individuals, and to public and private organizations, and agencies;

(d)        To make studies of the visual characteristics and problems of the municipality or county, including surveys and inventories of an appropriate nature, and to recommend standards and policies of design for the entire area, any portion or neighborhood thereof, or any project to be undertaken;

(e)        To prepare both general and specific plans for the improved appearance of the municipality or county. These plans may include the entire area or any part thereof, and may include private as well as public property. The plans shall set forth desirable standards and goals for the aesthetic enhancement of the municipality or county or any part thereof within its area of planning and zoning jurisdiction, including public ways and areas, open spaces, and public and private buildings and projects;

(f)         To participate, in any way deemed appropriate by the governing body of the municipality or county and specified in the ordinance establishing the Commission, in the implementation of its plans. To this end, the governing body may include in the ordinance the following powers:

(1)        To request from the proper officials of any public agency or body, including agencies of the State and its political subdivisions, its plans for public buildings, facilities, or projects to be located within the municipality or its area of planning and zoning jurisdiction of the city or county.

(2)        To review these plans and to make recommendations regarding their aesthetic suitability to the appropriate agency, or to the municipal or county planning or governing board. All plans shall be reviewed by the Commission in a prompt and expeditious manner, and all recommendations of the Commission with regard to any public project shall be made in writing. Copies of the recommendations shall be transmitted promptly to the planning or governing body of the city or county, and to the appropriate agency.

(3)        To formulate and recommend to the appropriate municipal planning or governing board the adoption or amendment of ordinances (including the zoning ordinance, subdivision regulations, and other local ordinances regulating the use of property) that will, in the opinion of the Commission, serve to enhance the appearance of the municipality and its surrounding areas.

(4)        To direct the attention of city or county officials to needed enforcement of any ordinance that may in any way affect the appearance of the city or county.

(5)        To seek voluntary adherence to the standards and policies of its plans.

(6)        To enter, in the performance of its official duties and at reasonable times, upon private lands and make examinations or surveys.

(7)        To promote public interest in and an understanding of its recommendations, studies, and plans, and to that end to prepare, publish and distribute to the public such studies and reports as will, in the opinion of the Commission, advance the cause of improved municipal or county appearance.

(8)        To conduct public meetings and hearings, giving reasonable notice to the public thereof.

"§ 160-181.13.  Staff Services; Advisory Council. — The Commission may recommend to the municipal or county governing board suitable arrangements for the procurement or provision of staff or technical services for the Commission, and the governing board may appropriate such amount as it deems necessary to carry out the purposes for which it was created. The Commission may establish an Advisory Council or other committees.

"§ 160-181.14.  Annual report. — The Commission shall, no later than April 15 of each year, submit to the municipal or county governing body a written report of its activities, a statement of its expenditures to date for the current fiscal year, and its requested budget for the next fiscal year. All accounts and funds of the Commission shall be administered substantially in accordance with the requirements of the Municipal Fiscal Control Act or the County Fiscal Control Act.

"§ 160-181.15.  Receipt and expenditure of funds. — The Commission may receive contributions from private agencies, foundations, organizations, individuals, the State or federal government, or any other source, in addition to any sums appropriated for its use by the city or county governing body. It may accept and disburse these funds for any purpose within the scope of its authority as herein specified. All sums appropriated by the city or county to further the work and purposes of the Commission are deemed to be for a public purpose and a necessary expense."

Sec. 2.  This act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.